People v. Moore, 96 N.Y.2d 509 (2001)
Flight from police, combined with other specific suspicious circumstances, can create reasonable suspicion justifying police pursuit, even if the initial encounter was merely a common-law right of inquiry.
Summary
This case addresses the legality of a police pursuit and subsequent search based on reasonable suspicion. Plainclothes officers in an unmarked car observed the defendant acting nervously in a drug-prone area. His reaction to the police vehicle, coupled with his hand movements suggesting he was concealing a weapon, led the officers to attempt a brief inquiry. The defendant fled, and during the pursuit, he discarded a gun. The Court of Appeals held that the officers’ initial observations, combined with the defendant’s flight, established reasonable suspicion justifying the pursuit and the subsequent recovery of the discarded weapon.
Facts
On February 19, 1998, at approximately 11:00 p.m., three plainclothes NYPD officers were patrolling a drug-prone area on 152nd Street in New York City in an unmarked vehicle. The officers observed the defendant walking with another individual, appearing nervous and looking around. When the defendant noticed the officers’ car, his “eyes bulged out.” As the car approached, he placed his hand under his jacket in a cupping motion, leading the officers to suspect he was adjusting a gun. The defendant then maneuvered to keep his right side away from the officers’ view. When the car drew parallel, the defendant abruptly changed direction and fled, abandoning his companion.
Procedural History
The Supreme Court initially suppressed the gun and the defendant’s statements. The Appellate Division reversed, finding that the officers had a “founded suspicion” justifying a common-law right of inquiry. They further held that the defendant’s flight, combined with the initial suspicion, created reasonable suspicion to justify the pursuit.
Issue(s)
Whether the officers had reasonable suspicion to pursue the defendant based on his initial behavior and subsequent flight.
Holding
Yes, because the defendant’s nervous behavior, coupled with his suspicious movements suggesting he was concealing a weapon, and his subsequent flight upon the approach of the officers, provided reasonable suspicion justifying the police pursuit.
Court’s Reasoning
The Court of Appeals affirmed the Appellate Division’s reversal, relying on the principle articulated in People v. Martinez, 80 N.Y.2d 444 (1992), that reasonable suspicion, not probable cause, is the standard for a police stop or detention short of actual arrest. The court stated that “a ‘defendant’s flight may be considered in conjunction with other attendant circumstances’ in determining whether reasonable suspicion justifying a seizure exists.” The Court found that the defendant’s actions prior to the flight, specifically his nervous behavior, his “eyes bulging out” upon seeing the police, and his cupping motion under his jacket, combined to provide a reasonable basis for the officers to suspect criminal activity. The court emphasized the significance of the defendant’s flight, stating it further heightened the suspicion. Because the record supported the Appellate Division’s determination that reasonable suspicion existed, the Court of Appeals upheld the legality of the pursuit and the admissibility of the discarded weapon. The court noted, “Whether the particular circumstances of a case give rise to reasonable suspicion is a mixed question of law and fact beyond our review if there is support in the record.”